In Bellevue and throughout King County, no-contact and restraining orders frequently arise in divorce, legal separation, and child custody cases, particularly when allegations of abuse, threats, or harassment are involved. While many people associate these protective orders with criminal proceedings, they are also a vital part of civil family law, where courts aim to safeguard the physical and emotional safety of those involved.
Whether you are seeking protection from a spouse or co-parent, or you’ve been served with an order limiting your contact with your family, it is critical to understand the role these orders play in family law. A protective order issued in connection with a divorce can immediately affect parenting time, access to the family home, control over property, and even financial decision-making authority.
Courts in King County can issue these orders at the beginning of a case or in response to new or escalating conflict. Violating a no-contact or restraining order—intentionally or not—can result in serious legal consequences, including arrest, criminal charges, and negative outcomes in divorce and custody proceedings.
Understanding the difference between a no-contact order and a civil restraining order is essential to knowing your rights and obligations under Washington law.
Understanding the Difference Between No-Contact Orders and Restraining Orders in Washington StateAlthough both types of orders restrict contact, they are issued under different legal authorities and serve different purposes.
No-Contact Orders – Criminal Court AuthorityA no-contact order is issued in a criminal case, typically following an arrest for domestic violence, assault, or similar charges. It prohibits the accused person from having any contact with the protected party, either directly or indirectly. This includes in-person communication, phone calls, texts, emails, social media interactions, or messages delivered through third parties.
“Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody, the court authorizing the release may prohibit that person from having any contact with the victim and others.”
These orders are often imposed as a condition of release or sentencing. They remain in effect until the criminal case concludes or the court modifies them. Violating a no-contact order is a criminal offense, regardless of whether the contact is welcomed or initiated by the protected party.
Restraining Orders – Civil Protection Through Family LawA restraining order is issued by a family law court in connection with a divorce, legal separation, or custody dispute. These civil orders can address far more than communication—they may include provisions related to property, financial accounts, parenting schedules, and residence in the family home.
Washington law authorizes courts to issue these orders under RCW 26.09.060, which states:
“As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from…”
Depending on the facts of the case, a restraining order may:
Restraining orders are commonly issued at the start of a divorce to prevent escalation and maintain stability. They may be entered with or without advance notice to the other party, depending on the level of risk alleged.
If you or your child is in immediate danger, access resources for assistance here.
Frequently Asked Questions: No-Contact and Restraining Orders in Bellevue Divorce Cases1. How do I get a restraining order during my divorce in Bellevue or King County?
If you are facing abuse, harassment, or coercive control during a divorce in King County, you can request a temporary restraining order through the family court. These orders can restrict your spouse from contacting you, entering the family home, interfering with finances, or taking actions that may destabilize the legal process.
You must file a motion under RCW 26.09.060, usually accompanied by a declaration describing the circumstances. The court can issue the order with or without notice to the other party, depending on urgency and risk.
Helpful resource: Washington Court – Family Law Instructions
2. What should I do if I’ve been served with a no-contact or restraining order in Bellevue?
You must follow the terms of the order exactly, even if you disagree with the allegations. Do not attempt to contact the protected party by any means. Violations can result in immediate arrest or legal sanctions.
You will have an opportunity to respond at a hearing. Gather documentation, witness statements, and other relevant information to present your side. Legal representation is strongly recommended.
Helpful resource: Washington Law Help – Responding to Protection Orders
3. Can a restraining order affect parenting time or custody in a Bellevue divorce?
Yes. A restraining order can significantly impact your ability to spend time with your children. The court may impose supervised visitation, suspend residential time, or modify the parenting plan if there are credible allegations of abuse or harmful conduct.
Under RCW 26.09.191, Washington courts are required to consider domestic violence and endangerment when deciding custody arrangements.
Helpful resource: RCW 26.09.191 – Parenting Plan Restrictions
4. What happens if my ex violates a no-contact or restraining order during our divorce?
A violation of a no-contact order is a criminal offense, and law enforcement in King County can make an arrest based on probable cause. Consequences may include jail time or new criminal charges.
If a civil restraining order is violated, you may file a motion for contempt in the family law case. The court can impose fines, award attorney’s fees, or adjust other legal obligations such as parenting time or property access.
Helpful resource: Washington Law Help – Contempt of Court in Family Law
5. How long do restraining orders last in a Bellevue divorce, and can they be extended?
Temporary restraining orders usually last for 14 days unless extended by the court. At a subsequent hearing, the judge may issue a longer temporary order that remains in effect until the case is resolved.
If longer-term protection is needed, a party may request a Domestic Violence Protection Order (DVPO) under RCW 7.105, which may last one year or more and can be renewed prior to expiration.
Helpful resource: Washington Courts – Protection Order Process
Talk to a Bellevue Divorce Attorney About No-Contact and Restraining OrdersAt the Law Offices of Jason S. Newcombe, we represent individuals throughout Bellevue and King County in divorce and custody cases involving no-contact and restraining orders. Whether you are seeking protection or defending against unfair allegations, our legal team brings more than 50 years of combined experience in Washington family law to your case.
These orders can affect everything from your parenting rights to your financial security. We help you understand your legal options and take immediate action to protect your safety, your rights, and your future.
Schedule your free consultation today and get the trusted guidance you need to move forward with confidence.